"We got into a little argument because he didn't want to place the order for an egg roll because I told him my friend was going to buy it," Lyons said.

Thaqi is charged with eight counts, including assault with intent to do great bodily harm, felonious assault and felon in possession of a firearm. Prosecutors say Thaqi, while working at Motor City Coney Island on East McNichols, got into an argument with Lyons and asked him to leave.

"He kept on saying don't let me catch you outside, I got something for you," Lyons said. "He went and got his gun. He punched on the glass."

Prosecutors say Lyons then came back, holding a brick, and went to the back parking lot of the restaurant.

"He had just threatened me with his gun and I had intentions of throwing it through the window," Lyons said.

Thaqi then came out of the back door to confront Lyons.

"As soon as he came out - it was already 2 shots fired. Pow pow," he said."He tried to walk up on me and he looked like he was gonna raise the gun at me, so I smacked it and it went off again."

That bullet pierced Lyons left leg. The defense argued that Thaqi only shot at the ground, accidentally hurting Lyons. They asked for the assault with intent to do great bodily harm charge, a 10-year felony, to be dismissed.